Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6278 of 2019 Applicant :- Rameshwar Mishra And Another Opposite Party :- Sanjeev Yadav, Sub District Officer Counsel for Applicant :- Sanjay Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the applicants is permitted to correct the description of opposite party during the course of the day.
Heard learned counsel for the applicants.
By order dated 18.2.2019 passed in Public Interest Litigation (PIL) No. 332 of 2019 filed by the applicants, the Court directed as under:
"Supplementary affidavit filed today placing on record the khatauni of arazi no. 162 is taken on record.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the revenue authorities to evict/dispossess the illegal encroachment made by the private respondents no. 4 to 12 from arazi no. 127kha, arazi no. 8, arazi no. 49, arazi no. 50, arazi no. 51 and arazi no. 162 of the village Mishrauli, Post Pipra Ramdhar, Tehsil Salempur, District Deoria.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
Insofar as the encroachment on chak marg (arazi no. 162) is concerned, authority concerned is at liberty to remove such encroachment in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of. "
Learned counsel for the applicants submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicants with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicants to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 26.9.2019 Jaswant